Page:United States Statutes at Large Volume 98 Part 1.djvu/1180

 98 STAT. 1132

42 USC 1682.

PUBLIC LAW 98-369—JULY 18, 1984

(2) by inserting after paragraph (2) the following new paragraph: "(3) If any overpayment with respect to an individual (or an individual and his or her spouse) is attributable solely to the ownership or possession by such individual (and spouse if any) of resources having a value which exceeds the applicable dollar figure specified in paragraph (1)(B) or (2)(B) of section 1611(a) by $50 or less, such individual (and spouse if any) shall be deemed for purposes of the second sentence of paragraph (1) to have been without fault in connection with the overpayment, and no adjustment or recovery shall be made under the first sentence of such paragraph, unless the Secretary finds that the failure of such individual (and spouse if any) to report such value correctly and in a timely manner was knowing and willful.". EXCLUSION OF UNDERPAYMENTS FROM RESOURCES

42 USC 1682b.

42 USC 401.

SEC. 2614. Section 1613(a) of the Social Security Act is amended— (1) by striking out "and" after the semicolon at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (6) the following new paragraph: "(7) any amount received from the United States which is attributable to underpayments of benefits due for one or more prior months, under this title or title II, to such individual (or spouse) or to any other person whose income is deemed to be included in such individual's (or spouse's) income for purposes of this title; but the application of this paragraph in the case of any such individual (and eligible spouse if any), with respect to any amount so received from the United States, shall be limited to the first 6 months following the month in which such amount is received, and written notice of this limitation shall be given to the recipient concurrently with the payment of such amount.". ADJUSTMENTS IN SSI BENEFITS ON ACCOUNT OF RETROACTIVE BENEFITS UNDER TITLE II

42 USC 1320a-6.

SEC. 2615. (a) Section 1127 of the Social Security Act is amended to read as follows: ADJUSTMENTS IN SSI BENEFITS ON ACCOUNT OF RETROACTIVE BENEFITS UNDER TITLE II

42 USC 401.

"SEC. 1127. (a) Notwithstanding any other provision of this Act, in any case where an individual— "(1) is entitled to benefits under title II that were not paid in the months in which they were regularly due; and "(2) is an individual or eligible spouse eligible for supplemental security income benefits for one or more months in which the benefits referred to in clause (1) were regularly due, then any benefits under title II that were regularly due in such month or months, or supplemental security income benefits for such month or months, which are due but have not been paid to such individual or eligible spouse shall be reduced by an amount equal to

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